Keep State Constitution `Fat Free' By Allowing Citizens To Write Laws

Florida's Constitution Revision Commission is wrongly closing its eyes and ears to essential reforms that would give more ``power to the people.''

Members unwisely decided Wednesday not even to consider proposals to let voters write state laws as well as state constitutional amendments through the ``citizen initiative'' process.

Those reforms are vital to stop misguided efforts to clog Florida's Constitution with measures that rightly belong in state laws or regulations.

The prime example is 1994's ``Save Our Sealife'' amendment to ban use of most fishing nets. Net use should be regulated either by state laws or Marine Fisheries Commission rules. Instead, without an option to propose a law by petition, sponsors had to propose it as an amendment.

Here's how citizen initiative now works: If 435,073 voters (8 percent of those registered) sign petitions favoring an amendment, and the Florida Supreme Court says it covers a single subject and has non-misleading ballot language, it must go on the ballot for voter ratification or rejection.

In theory, citizen initiative can be a powerful tool to let voters jump-start government reforms, a healthy safety valve for public dissent and a check and balance on unresponsive lawmakers. In practice, the process, is overused, corrupted and lacks adequate safeguards.

Commission members should reconsider their opposition and adopt carefully crafted citizen initiative reforms before they make their final recommendations on May 5:

* Follow 21 other states in letting voters adopt state laws through the petition and referendum process, not just amendments.

* Approve an ``indirect initiative'' process, as in Mississippi and Massachusetts. It makes lawmakers analyze, debate and hold public hearings on measures winning enough voter signatures, something not now being done. Put the original amendment on the ballot, plus any lawmaker-approved alternative.

* Require Supreme Court review not only of the wording of citizen-initiated measures but also their constitutionality. Do it before signature collecting begins, not after 10 percent of names are gathered.

* Limit petition drive donors to a $500 contribution, the same as candidate donors, to close a loophole that lets wealthy special-interest groups donors try to ``buy'' an amendment that benefits them financially.

* Expand the unreasonably short word limits on ballot titles and summaries, which confuse voters and block full disclosure.

Whatever the commission does, lawmakers should agree to print brochures at state expense to explain and discuss pros, cons, costs and other impacts of proposed amendments placed on the ballot by any means. Uninformed voters cannot cast meaningful ballots.